Karnataka High Court
Harijana Shivashankar vs State Of Karnataka on 2 September, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:35435
CRL.P No. 7173 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7173 OF 2024
BETWEEN:
HARIJANA SHIVASHANKAR
S/O HARIJANA PEDDA HANUMANTHAPPA,
AGED ABOUT 42 YEARS,
R/AT NO 5-144, MALLAPURAM VILLAGE,
PALA VAYU POST, KALYAN DURGA
MANDALAM, MANDALAM,
DISTRICT ANANTHAPUR,
ANDHRA PRADESH 515 761
...PETITIONER
(BY SRI. LAKSHMIKANTH K., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
Digitally CHIKKABALLAPURA WOMEN POLICE STATION,
signed by
NANDINI MS REP. BY THE STATION HOUSE OFFICER
Location: High ALL WOMEN POLICE STATION,
Court of
Karnataka CHIKKABALLAPURA,
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE 01
2. XXX
...RESPONDENTS
(BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1;
NOTICE TO R2 H/S, V/O DATED:22.08.2024)
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NC: 2024:KHC:35435
CRL.P No. 7173 of 2024
THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.34/2023 IN
SPL.C.C.NO.48/2023 ON THE FILE OF THE ADDL. DISTRICT
AND SESSIONS JUDGE (FTSC-1) AT CHIKKABALLAPURA BY THE
1ST RESPONDENT CHIKKABALLAPURA WOMEN P.S. FOR THE
OFFENCE P/U/S 363,366(A),343,376D,376(2)(i)(n) R/W 34 OF
IPC AND SEC.4,5(G),5(L),6 OF POCSO ACT AND SEC.9 OF
PROHIBITION OF CHILD MARRIAGE ACT AND SEC.3(1)(w) AND
3(2)(v) OF SC/ST ACT
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.2 in Spl.C.C.No.48/2023 pending before the Court of Addl. City Civil and Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.34/2023 registered by Chikkaballapura Women Police Station, Chikkaballapura, for the offences punishable under Sections 4, 5(G), 5(L) & 6 of Protection of Children from sexual Offences Act, 2012 (for short, 'POCSO Act') and Sections 363, 366(A) 343, 376D & 376(2)(i)(n) r/w 34 of -3- NC: 2024:KHC:35435 CRL.P No. 7173 of 2024 IPC & section 9 of Prohibition of Child Marriage Act 2006 and Sections 3(1)(w) & 3(2)(v) of the SC & ST (Prevention of Atrocities) Amendment Act 2015, is before this Court under section 439 of Cr.P.C., seeking regular bail.
2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2, who is served in this matter, has remained unrepresented before this Court.
3. F.I.R. in Crime No.34/2023 was registered by Chikkaballapura Women Police Station, Chikkaballapura, initially for the offence punishable under Section 363 of IPC against unknown person, after the victim girl aged about 17 years who is the daughter of the first informant was found missing from her house. During the course of the investigation the victim was traced. The petitioner herein was arrested on 15.03.2023 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against two persons for the -4- NC: 2024:KHC:35435 CRL.P No. 7173 of 2024 aforesaid offences. Petitioner herein is arrayed as accused No.2 in the charge sheet.
4. The bail application filed by the petitioner in Crl.Misc.No.363/2023 before the jurisdictional Sessions Court was rejected on 31.07.2023. Therefore, he is before this Court.
5. Learned counsel for the petitioner submits that petitioner is a married man having minor children. Accused No.1 who was arrested along with the petitioner on 15.03.2023 has been enlarged on statutory bail before the trial Court. No allegation was made by the victim girl initially against the petitioner either in her statement before the police under section 161 of Cr.P.C or in her statement before the jurisdictional Magistrate under Section 164 of Cr.P.C. The petitioner is in custody for the last nearly one and half year and trial in the case is yet to be commenced. Accordingly, prays to allow the petition.
6. Per contra, learned HCGP has seriously opposed the bail petition and he submits that petitioner along with -5- NC: 2024:KHC:35435 CRL.P No. 7173 of 2024 the accused No.1 has committed heinous offence on the victim girl who is a minor. Merely for the reason that the accused No.1 has been granted statutory bail the same cannot be a ground to enlarge the petitioner on bail. Accordingly, prays to dismiss the petition.
7. Material on record would to go show that the first informant who is the mother of the victim girl, aged about 17 years, had approached police on 07.03.2023 alleging that her minor daughter, aged 17 years, who had left the house on 27.02.2023, had not returned home. Efforts made to trace her had failed and therefore, she had approached the police. During the course of the investigation victim girl was traced on 13.03.2023 and her statement was recorded by the Police under Section 161 of Cr.P.C. In the said statement, she has not made any allegation against the petitioner herein. The victim in her statement dated 13.03.2023 has stated that she was in love with Ravi who was friend of accused No.1 Revanth. On 27.02.2023, Revanth had approached her with -6- NC: 2024:KHC:35435 CRL.P No. 7173 of 2024 assurance of marrying her and accordingly had taken her along with him to Nelamangala and married her by tying sacred thread to her neck. She has stated that Revanth, took her to his friends house at Nelamangala and she stayed there till 11.03.2023. It is alleged that Revanth and his friend had sexual intercourse with her when she was in Nelamangala. On 12.03.2023 Revanth sent her back and she traveled from Nelamangala to Chikkaballapura and thereafter went to her house.
8. The statement of the victim girl was recorded under Section 164 of Cr.P.C on 16.03.2023. Even in the said statement the victim has only stated that Revanth and his friend had sexual intercourse with her. Petitioner's name is not found either in the Section 161 statement of the victim girl recorded on 13.03.2023 or in her statement under section 164 of Cr.P.C. recorded on 16.03.2023. Subsequently, on 15.04.2023 further statement of the victim girl was recorded under Section 161 of Cr.P.C and for the first time in the said statement the victim girl has -7- NC: 2024:KHC:35435 CRL.P No. 7173 of 2024 stated that the accused No.1/ Revanth took her from Nelamangala to Kalyandurga in Andra Pradesh, wherein the petitioner stayed along with his three children and made her stay in the house of the petitioner at Kalyandurga. It is alleged that in the said house petitioner had sexual intercourse with the victim girl against her wishes with the help of accused No.1.
9. Undisputedly, accused No.1 as against whom serious allegations are found in the charge sheet, has been granted statutory bail in the present case. The prosecution has not challenged the same. Petitioner and accused No.1 were arrested on 15.03.2023 and since then the petitioner is in custody. Trial in the case is not yet commenced and prosecution has cited altogether 39 charge sheet witnesses. Considering the aforesaid aspects of the matter, I am of the view that petitioner's prayer for grant of regular bail needs to be answered affirmatively, without expressing opinion on the merits and demerits of the case.
10. Accordingly, the following:
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NC: 2024:KHC:35435 CRL.P No. 7173 of 2024 ORDER The Criminal Petition is allowed.
The petitioner is directed to be enlarged on bail in Spl.C.C.No.48/2023 pending before the Court of Addl. City Civil and Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.34/2023 registered by Chikkaballapura Women Police Station, Chikkaballapura, for the offences punishable under Sections 4, 5(G), 5(L) & 6 of Protection of Children from sexual Offences Act, 2012 and Sections 363, 366(A) 343, 376D & 376(2)(i)(n) r/w 34 of IPC & section 9 of Prohibition of Child Marriage Act 2006 and Sections 3(1)(w) & 3(2)(v) of the SC & ST (Prevention of Atrocities) Amendment Act 2015, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court -9- NC: 2024:KHC:35435 CRL.P No. 7173 of 2024 unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the
jurisdiction of the Trial Court without
permission of the said Court until the case registered against him is disposed off.
Sd/-
(S VISHWAJITH SHETTY) JUDGE ASN List No.: 1 Sl No.: 45